MOU Between USDOJ, COPS and SFPD for Collaborative Reform Initiative For Technical Assistance

""

MEMORANDUM OF AGREEMENT
between
U.S. DEPARTMENT OF JUSTICE,
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
and
SAN FRANCISCO POLICE DEPARTMENT
for
COLLABORATIVE REFORM INITIATIVE FOR TECHNICAL ASSISTANCE

The Office of Community Oriented Policing Services (COPS Office) is responsible for advancing public safely through the practice of community policing by the nation's law enforcement agencies through information and grant resources. The community policing philosophy promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues.

As a form of community policing, the COPS Office developed the Collaborative Reform Initiative for Technical Assistance (CRI-TA) in 2011 in order lo parh1er with law enforcement agencies that may need assistance on a wide variety of issues that can negatively affect law enforcement/community relations-including such things as use of force practices, officer involved shootings, racial profiling, accountability systems, agency transparency, and external communication mechanisms. The purpose of CRI-TA is to improve trust between agencies and the, communities they serve by providing a means to organizational transformation through an analysis of policies, practices, training, tactics, and systems of accountability. It is not a short-term solution for a serious deficiency but a long-term strategy that first identifies issues within an agency that may affect public trust and then offers recommendations on how to resolve those issues and enhance the relationship between the police and the community. Agency participation in this collaborative process is voluntary; however, to be eligible for this form of technical assistance, agencies must demonstrate a willingness to implement the recommended reforms.

Using subject matter experts, interviews, analysis of departmental data, surveys, community forums, and direct observation, findings and recommendations are designed to assist law enforcement agencies with enhancing and improving their policies and procedures, systems, and relationships with the communities they serve. These findings and recommendations are issued in a publicly released report. Agencies are then provided assistance with the implementation of those recommendations through technical assistance and training. Agency progress towards achievement of these recommendations is monitored and two public reports are issued documenting this progress at six- and twelve-month intervals after the issuance of the assessment report. While CRI-TA is a collaborative process, it is also an objective and independent means to institute long-term reform in a way that is transparent to all community stakeholders. Projects may last approximately 24 to 36 months. 

There are a number of requirements for your agency and local government officials in order for the collaborative process to be successful. Expectations for your law enforcement agency and local government officials include the following:

  1. Acceptance that after work commences, the U.S. Department of Justice determines the goals and objectives necessary to implement collaborative reform effectively.
  2. Acceptance that participating in CRI-TA will, at minimum, include an assessment of departmental training, policies, procedures, and incidents for community oriented policing practices and disparate treatment of historically and present-day marginalized populations, including racial and ethnic minorities. This includes traffic stops, pedestrian stops, use of force, and officer-involved shootings.
  3. Assignment of a key point of contact within the Office of the Police Executive.
  4. Assignment of a senior-level agency executive to oversee the implementation of reforms resulting from CRI-TA and other internal or external processes.
  5. Provision of full access by assessment team to relevant departmental records and data, as well as relevant data from other sources available to the local government.
  6. Willingness to implement the recommendations, which will be based on professional standards, best practices, research, Collaborative Reform Initiative standards, the President's Task Force on 21st Century Policing, local circumstances, and U.S. Department of Justice priorities.
  7. Acknowledgement that all reports will be publicly presented and widely disseminated. We encourage you to review previous reports at http://www.cops.usdoj.gov/Default.asp?Item=2807.
  8. Disclosure of any real or apparent conflicts of interest before commencement of work and prompt identification of any conflicts that may arise throughout the duration of the project.
  9. Commitment from the chief law enforcement officer and chief government executive to complete the CRI-TA process.
  10. Commitment that chief law enforcement officer will proactively communicate their support for the goals and objectives of the assessment throughout the ranks of the agency.
  11. Facilitation of the identification of key internal and external stakeholders who will be interviewed and consulted at various points during the process.
  12. As needed, coordination of interviews with officers and civilians of varying ranks within the agency, members of community organizations, and other stakeholders.
  13. Unless already completed and documented, commit to providing all department personnel with training on (a) procedural justice and (b) the science of unconscious bias and law enforcement.
  14. Commitment to public transparency of police operational data and policies, unless doing so would undermine the legitimate public safety goals of the agency or violate any existing contractual agreements, laws, or regulations. As such, the department is encouraged to participate in the national Police Data Initiative (see http://publicsafetydataportal.org/).
  15. Commitment to public reporting on the progress the agency is making in the reform process.
  16. Continuation of organizational learning and reform after the Collaborative Reform process is completed.
  17. Acknowledgement that participation in the CRI-TA program does not preclude any future investigations into the patterns and practices of the law enforcement agency by the DOJ Civil Rights Division

Before work can formally commence on your project, the chief law enforcement executive and chief government executive must sign, date, and return this Memorandum of Agreement (MOA) to the COPS Office. This MOA is not an obligation of funds nor does it create a legally binding commitment. Nothing in this MOA creates an employment relationship with the Federal Government or requires any provision of benefits incident to employment. By signing this MOA, the chief law enforcement executive and chief government executive understand and agree to the terms of this MOA and acknowledge that failure to meet the terms of the MOA may result in termination of the Collaborative Reform process.

On behalf of the organization that I represent, I am authorized to sign this MOA and will contribute to its success to the best of my ability.

/s/
Date: 4/26/16
Greg Shur, Chief, San Francisco Police Department

/s/
Date: 4/26/16
Edwin M Lee, Mayor, City and County of San Francisco